Finding a successor for your textbook(s) can be a daunting, arduous task. At TAA’s June 2013 conference veteran authors Robert Christopherson, Michael Sullivan, and Karen Morris presented a session sharing strategies for finding a successor and successfully transitioning the future editions of your texts.
The following is an overview of that presentation, highlighting ten tips to facilitate successor author transitions —“passing the torch.”
Q: If an author is transitioning from a contributing author role to the role of a lead author, do they have to accept the same contract conditions/stipulations that were negotiated by the original authors?
A: Michael Lennie, Attorney and Literary Agent, Lennie Literary Agency & Author’s Attorney:
“I see at least a couple of meanings to your use of the term ‘a contributing author’, each of which results in a different answer. If you have been ‘contributing’ only to certain elements (e.g., chapter summaries, or a particular supplement to the main text), but not to the overall book, you may have entered into what is designated a “work-made-for-hire” (‘WMFH’) agreement with your publisher. A WMFH agreement requires the agreement be in writing clearly stating that it is in fact a ‘work-made-for-hire’ agreement. A WMFH agreement is quite different from an author/publisher agreement (ah, but that’s another tale).
Earlier this fall, TAA hosted an audio conference titled “Contract Negotiation: E-books & E-rights” featuring attorney Lisa Moore, principal of The Moore Firm, LLC. Moore’s outstanding presentation culminated in a rich Q&A discussion that provided valuable insight into textbook publishing contract negotiations.
Following are abbreviated excerpts edited by TAA from the transcripts of that discussion.
Jason Wrench, Associate Professor in Communication and Media at the State University of New York at New Paltz, share some advantages…
Many textbook authors, especially new authors, are intimidated by the idea of negotiating their contracts, but strategic and artful contract negotiation is essential to ensure that you get the best offer possible.
“It is very important to negotiate your contract, because the first offer will not be the best deal, so you’ll just be leaving money on the table if you don’t negotiate,” said Stephen Gillen, intellectual property attorney at Wood, Herron & Evans.
Successful contract negotiation requires knowing “what you’re willing to give up and what you’re not,” said authoring attorney Michael Lennie, with Lennie Literary & Author’s Attorney.
Authors should negotiate better terms on several contract provisions, he said. They include:
